State of Minnesota

Campaign Finance & Public Disclosure Board
First Floor South, Centennial Building. 658 Cedar Street. St. Paul, MN 55155-1603

THE FOLLOWING PUBLICATION DOES NOT IDENTIFY THE REQUESTEROF THE ADVISORY OPINION, WHICH IS NON-PUBLIC DATA
under Minn. Stat. § 10A.02, subd. 12(b)RE:

Gift of coffee mug to officials.

ADVISORY OPINION 337

SUMMARY
The gift of a coffee mug to members of the legislature and legislative staff meets theexemption in Minn. Stat. §10A.071, subd. 3 (a)(5), because it is an item of insignificantvalue.
FACTS
As a lobbyist, you ask the Campaign Finance and Public Disclosure Board (the Board)
for an advisory opinion based on the following facts:

1. You represent a lobbyist principal, as defined in Minn. Stat. §10A.01, subd. 33.
2. The lobbyist principal wishes to give legislators and legislative staff a coffee mug
inscribed with the principal’s logo and website address.
3. The cost to the lobbyist principal to produce the coffee mug is approximately$4.75. The estimated retail value of the mug is $4.00 to $6.00.

ISSUEMay a lobbyist principal provide a legislator or legislative staff with a coffee mug thathas a retail value of approximately $4 to $6?

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OPINION
Minn. Stat. 9 10A.071, subd. 3, provides limited exceptions to the general prohibition ofgifts from lobbyists or lobbyist principals to public officials, employees of the legislature,and local officials of a metropolitan governmental unit (officials). In particular thestatute provides that a lobbyist principal may provide a gift to officials if the gift is "atrinket or memento of insignificant value".
The statute does not provide a set monetary value for determining if an item is "ofinsignificant value". The value placed on the gift may vary significantly amongrecipients. The Board considers the cost of the gift to the giver, and its approximate retailvalue as relevant facts; but focuses on the likely value of the gift to the recipient. Basedon the facts as provided in this request, the Board believes that the gift, a coffee mug, is
not of "significant" value to the recipient. Therefore the Board finds that the coffee mug
is a trinket of insignificant value and falls within the exception provided in Minn. Stat.
§ 10A.071, subd. 3(a)(5).

Issued44=%asA KeLbj. Kelley, ChairCampaign Finance and Public ~isclo&reBoard

Cited Statutes and Rules

10A.071 CERTAIN GIFTS BY LOBBYISTS AND PRINCIPALS PROHIBITED.
Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.
(b) "Gift" means money, real or personal property, a service, a loan, a forbearance orforgiveness of indebtedness, or a promise of future employment, that is given and received
without the giver receiving consideration of equal or greater value in return.
(c) "Official" means a public official, an employee of the legislature, or a local official ofa metropolitan governmental unit.
Subd. 2. Prohibition. A lobbyist or principal may not give a gift or request another to give agift to an official. An official may not accept a gift from a lobbyist or principal.
Subd. 3.

Exceptions.

(a) The prohibitions in this section do not apply if the gift is:(1) a contribution as defined in section 10A.01, subdivision 11;(2) services to assist an official in the performance of official duties, including
but not limited to providing advice, consultation, information, and communication in connection
with legislation, and services to constituents;(3) services of insignificant monetary value;(4) a plaque or similar memento recognizing individual services in a field ofspecialty or to a charitable cause;(5) a trinket or memento of insignificant value;(6) informational material of unexceptional value; or(7) food or a beverage given at a reception, meal, or meeting away from therecipient's place of work by an organization before whom the recipient appears to make a speechor answer questions as part of a program.
(b) The prohibitions in this section do not apply if the gift is given:(1) because of the recipient's membership in a group, a majority of whosemembers are not officials, and an equivalent gift is given to the other members of the group; or(2) by a lobbyist or principal who is a member of the family of the recipient,unless the gift is given on behalf of someone who is not a member of that family.

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